Sawyer v. Department of Workforce Services

2015 UT 33, 345 P.3d 1253, 2015 Utah LEXIS 81, 779 Utah Adv. Rep. 201, 2015 WL 502863
CourtUtah Supreme Court
DecidedFebruary 6, 2015
Docket20120850
StatusPublished
Cited by30 cases

This text of 2015 UT 33 (Sawyer v. Department of Workforce Services) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sawyer v. Department of Workforce Services, 2015 UT 33, 345 P.3d 1253, 2015 Utah LEXIS 81, 779 Utah Adv. Rep. 201, 2015 WL 502863 (Utah 2015).

Opinion

Justice DURHAM,

opinion of the Court:

INTRODUCTION

T 1 The Department of Workforce Services (DWS) denied Amy Sawyer's application for unemployment benefits based upon its finding that she quit her job without good cause. Ms. Sawyer appeals from the denial, arguing that (1) we should review DWS's good cause determination de novo and (2) DWS's good cause determination was in error. We conclude that good cause to quit is a fact-like mixed question of law and fact that we review deferentially. We also conclude, however, that the administrative law judge and appeals board applied an incorrect legal standard to this mixed question, and we therefore reverse and remand for further proceedings.

BACKGROUND

12 Ms. Sawyer was a special education teacher for the Jordan School District. The principal of the school where Ms. Sawyer worked became concerned with her teaching skills and informed Ms. Sawyer that she would be formally evaluated under the Jordan Performance Appraisal System (JPAS), which consisted of classroom observation by the principal and an interview. Ms. Sawyer received an overall score of "ineffective" during her first JPAS evaluation. After the failed evaluation, the principal provided suggestions for improvement and administered another JPAS evaluation the following month. Ms. Sawyer also received a failing score for her second JPAS evaluation.

T3 Following the second evaluation, the principal met with Ms. Sawyer and informed her that she would be required to complete a third JPAS evaluation. If Ms. Sawyer passed the third evaluation she would keep her job; but if she failed again, school policy dictated that she be terminated. The principal also told Ms. Sawyer that she could resign in order to avoid the third evaluation.

T4 Because she had some special-needs students with behavioral challenges in her class, Ms. Sawyer had little confidence that she could perform at a level that would allow her to pass a third evaluation. Ms. Sawyer was also concerned that if she were terminated that she would not find future employment as a teacher because schools typically ask whether an applicant has ever been fired from a teaching position. Therefore, Ms. Sawyer elected to resign rather than submit to a third JPAS evaluation.

15 Ms. Sawyer began searching for new employment and applied for unemployment benefits. DWS denied unemployment benefits because it found that Ms. Sawyer quit her job without good cause. An administrative law judge upheld the department's decision, reasoning that if Ms. Sawyer had chosen to submit to the third JPAS evaluation, "Islhe may not have lost her job." The Workforce Appeals Board affirmed the denial of benefits. The appeals board concluded that "[qluitting in order to avoid a discharge . does not establish good cause." Ms. Sawyer appealed, and the court of appeals certified the case to this court.

ANALYSIS

T6 An individual is ineligible for unemployment benefits if he or she quits "without good cause." Utax Cope § 85A-4-405(1)(a). We have adopted a reasonable person standard for determining whether good cause to quit exists: "Good cause is established where 'the unemployment is caused by pressures so compelling that a reasonably prudent person would be justified in quitting under similar cireumstances." Hurst v. Indus. Comm'n, 723 P.2d 416, 419 (Utah 1986); accord Smith v. Indus. Comm'n, 714 P.2d 1154, 1155 (Utah 1986). DWS has adopted rules in accord with the reasonable person standard, explain *1256 ing that in order for an individual to qualify for benefits, "[tlhe separation must have been motivated by circumstances that made the continuance of the employment a hardship or matter of concern, sufficiently adverse to a reasonable person so as to outweigh the benefits of remaining employed." Utah Admin. Code R994-405-102(1)(a).

T7 In reviewing DWS's determination that Ms. Sawyer quit without good cause, we first establish the appropriate standard of review for this mixed question of law and fact. 1 See Smith, 714 P.2d at 1155 (good-cause determination is a mixed question). We then determine whether DWS erred when it denied benefits.

I. STANDARD OF REVIEW

A. Mixed Questions of Law and Fact

8 Prior to the formation of the court of appeals, this court did not consistently articulate the precise standard of review it applied to the cases before it. State v. Thurman, 846 P.2d 1256, 1268, 1270 n. 11 (Utah 1993). The addition of an intermediate court of appeals, however, created a greater incentive to establish standards of review that could be uniformly applied by both appellate courts. Id. Moreover, established standards of review allow attorneys to better advise clients on appellate matters and facilitate an appellant's ability to select and properly frame arguments.

T9 In line with our efforts to better define the standard of review applied by appellate courts, we created an analytical framework for choosing the standard of review for mixed questions of law and fact in State v. Pena, 869 P.2d 982 (Utah 1994). In Pena, we held that the amount of discretion afforded in an appeal from a district court's application of a rule of law to a given set of facts is an institutional policy determination made by the appellate court. 2 Id. at 938-39. Depending on the nature of the legal question at issue, we determined that varying levels of deference should be afforded to a district court's resolution of mixed questions. Id. at 937-38. We envisioned multiple standards of review for various types of mixed questions, occupying a spectrum of deference falling between the nondeferential de novo standard of review and the highly deferential clearly erroneous standard of review:

[The amount of deference] permitted a trial judge will vary depending on the legal issue, although the terminology we use to describe the operative standard of review does not begin to reflect the many shades of this variance. The best we can do is to recognize that such a spectrum of disceretion exists and that the closeness of appellate review of the application of law to fact actually runs the entire length of this spectrum.

Id. at 988.

{10 Although a broad spectrum of standards of review affords appellate courts a great amount of flexibility, the principal drawback of this approach is that it leads to indefinite standards that are difficult to describe and even more difficult for litigants or appellate courts to predict and apply. In Pena, for example, we held that the mixed question at issue in that case "conveys a measure of discretion to the trial judge," but "[plrecisely how much discretion we cannot say." Id. at 939. The Pena court went on to describe this standard of review as "something less than de novo" and acknowledged that "this 'some discretion' standard is less than precise." Id. at 940 & n. 6. Applying the principles announced in Pena, we have arrived at similarly indefinite standards of review, such as "some serutiny," "limited deference," and "conditionally deferential." Drake v. Indus.

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Bluebook (online)
2015 UT 33, 345 P.3d 1253, 2015 Utah LEXIS 81, 779 Utah Adv. Rep. 201, 2015 WL 502863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-department-of-workforce-services-utah-2015.